MINUTES OF THE MEETING OF THE PLANNING COMMISSION,

WHICH TOOK PLACE ON TUESDAY, MAY 9, 2006, 7:00 P.M.,

COUNCIL CHAMBERS, CITY HALL, MIDLAND, MICHIGAN

 

1.   Roll Call

PRESENT:  Eyre, Gaynor, Jocks, Kozakiewicz, Mead, Rapanos, Senesac and Svenson

ABSENT:  None

OTHERS PRESENT:  Jon Lynch, Assistant City Manager; Daryl Poprave, City Planner; Cheri Standfest, Community Development Specialist and 9 others.

 

2.   Approval of Minutes

Regular Meeting of April 25, 2006.

It was moved by Kozakiewicz and supported by Eyre to approve the minutes of April 25th.  The minutes were unanimously approved. 

 

3.      Public Hearing

 

a. Site Plan No. 252 – Consideration of a petition initiated by Helger Construction Company, on behalf of Feeny Chrysler, for approval of a site plan including a 13,000 square foot body and paint shop on 7.13 acres located at 7400 Eastman Avenue.

This property is located on Eastman Avenue, north of the Meijer store.  It is brought by Helger Construction.  The property is all located within the RC zoning district.  It is unique, however, in that there is a manufacturing facility just to the north, that is located in Larkin Township.  We are talking about a 13,147 sq. ft. wash bay and body shop, which Helger Construction plans to construct for the Feeny Chrysler dealer.  The parking lot and landscaping were installed in 1999.  This addition was not shown on the original site plan.  Storm water was installed to meet the demand for this expansion.  The setbacks in the RC district are 25 feet.  This addition is over 600 feet from the rear property line.  The service addition is 90 feet from the south property line.  The setbacks can be zero in this zoning district.  There is no pedestrian circulation on this site.  It is limited in its access to the Meijer parking lot.  There is sufficient parking for the wash bays and for the service body shop.  They are well in excess of today’s standard for parking.  They must ensure the storm water detention basin will accommodate the new development.  The lighting must meet today’s standards for lighting.  The proposed signage exceeds today’s standards. 

 

They have a private sanitary sewer system for this property.  The City has no sanitary sewer at this location.  They have a line that they hooked to the existing Wal-Mart property.  They will be on a private system until the sanitary sewer main is installed, at which time they will have to connect.  Any new lighting must meet the new zoning ordinance.  Parking must be according to today’s box-style striping. 

 

Shawn Hahn – is with Helger Construction.  He was there representing the petitioner.  He has nothing to add to what has already been said.

 

No one spoke either in favor of or in opposition to this petition.

 

b. Conditional Use Permit No. 21 – Consideration of a petition initiated by Robert LaBelle on behalf of Verizon Wireless to approve a conditional use permit to allow construction of a 140’ tall monopole tower located east of Elisenal Drive, north of Wal-Mart.

The proposed tower is north of Elisenal Drive and north of Wal-Mart.  It is just north of Jacob ‘s Drain.  The zoning map shows this property is zoned RC.  It does back up to some residential.  For the most part, it is surrounded by like retail uses.  It even has some industrial to the north.  They are leasing a parcel that is 26 acres in size. 

The non-discretionary standards for cellular towers are listed in the zoning ordinance.  It meets all the FAA standards.  They are requesting a 140’ tall tower and a 30 sq. ft. storage shed.  120 feet is the maximum height for a cell tower so they will have to go before the Zoning Board of Appeals for the additional height.  If they are successful before the ZBA, they can go ahead with the request for 140 feet.  They do meet the minimum setbacks.  The access is being taken from a 20-foot wide driveway back from Elisenal Drive.  The type of driveway has not been described on the site plan, however, it will have to be able to support the weight of emergency vehicles that might have to get back there.  The maintenance and removal affidavit is being worked on by city staff and Mr. LaBelle. 

There are several contingency items listed in the staff report for this conditional use permit.

There is a setback requirement from residential that is equal to the pole’s height.  This will have to be clarified prior to the Planning Commission’s vote on this conditional use permit. 

Rob LaBelle is representing Verizon Wireless.  Mr. LaBelle showed a map of the current coverage for the area.  As a result of this tower, there will be good coverage for this area of the city.  They have had numerous complaints that there is poor coverage for cellular service in this area.  They are looking for a 140 ft. monopole to improve coverage and also in order to promote co-location.  It will allow other users to place their transmitters on this tower instead of adding additional poles in this area.  This tower is significantly away from residential developments.  The tower itself is similar to other towers in the area.  There are some existing towers in the area and they have looked to co-locate on those.  They are either too short or unable to support another co-location on the existing towers. 

Ms. Svenson asked about the existing poles.  Mr. LaBelle stated the existing poles are 120 feet or less in this area.  They will meet the standards for the driveway for emergency vehicles.  They would like to begin construction immediately.  They have already purchased the tower and are already leasing this land.  The height of the antennae is 96 inches, which is 8 feet.    They are attached 4-5 feet below the top of the tower. 

Pete Sivia, 2425 North Jefferson, spoke in support of this tower.  He lives in this area where there is poor coverage.  He operates his business through his cell phone.  Business customers want high speed service and good coverage areas.  This will greatly benefit the business customers in this area.

Tom McCann, 3310 Jefferson Avenue.  He carries a cell phone and he can verify there is very poor coverage in this area.

No one spoke in favor of or in opposition to this request.

 

c. Conditional Use Permit No. 22 – Consideration of a petition initiated by Tom McCann to approve a conditional use permit to allow placement of a single family home on property zoned Office Service located at 416 George Street. The petitioner has requested that the Planning Commission act on this matter on May 9th

The subject site is located at the southeast corner of George and Indian Streets.  It is roughly 0.2 of an acre in land area.  The subject site is located in an Office Service zoning district.  It is also currently vacant.  The subject site had, at one point, accommodated a residential dwelling in the past, which was destroyed by fire.  You can see that the blocks to the north, the east and the west are all occupied by single family residential dwellings. 

The zoning ordinance requires that single family dwellings located in the office service zoning classification obtain a conditional use permit.  There are both discretionary and non-discretionary standards in the zoning ordinance.  A relocated structure must meet all zoning code requirements.  The petitioner has provided a basic site plan.  On this plan, you can see Indian Street to the north and George Street to the west.  You can see the proposed dwelling on the site.  All of those setbacks meet the requirements of this zoning district.  The subject parcel is not currently provided with a curb cut.  The subject property is 60 feet wide and 120 feet deep.  Indian Street is part of the State highway system.  In order to obtain a curb cut off Indian Street would require a permit from the Michigan Department of Transportation.  Indian Street is a one-way street, 3-lanes wide.

The subject structure is shown at its current location at 103 Wexford Street.  The City’s Chief Building Inspector has inspected the house and has found that it is a movable structure and meets code for habitation, with a few minor modifications. Under the old zoning ordinance, locating a single-family residence in an office service zone is an activity permitted by right.  In the new zoning ordinance, they are only allowed by conditional use permit.  The Planning Commission can determine the uses around where the proposed use would be.  Since the surrounding parcels are residential in nature, staff recommends that this use would be compatible with the area. 

The petitioner has requested the Planning Commission deliberate on this matter at this evening’s meeting.  Mr. Rapanos asked how long the petition for a curb cut would take if it went to the City Engineering Department.  Mr. Lynch stated it would take less than a week. 

Tom McCann, 3310 Jefferson Avenue.  Mr. McCann provided a sketch showing a curb cut for the driveway.  He has owned this property for about 35 years.  Approximately 30 years ago the house burned down.  He does own the property directly to the east.  Until the curb cut is approved by the state, he could use the driveway on the property to the east.  He has been paying taxes on this property for the past 30 years.  This dilemma has been brought about by the change in the zoning ordinance.  There are many acres of office service land in the City of Midland that has been setting vacant for years. 

Mr. Rapanos asked that if there was a curb cut once upon a time, could Mr. McCann reuse that curb cut?  Mr. Lynch stated the concrete there looks old so he does not know where the original curb cut was located.

Mr. Gaynor asked what will become of the property on Wexford Street.  Mr. McCann stated the current owner of the property could do whatever he wanted with the property.  The current owner is Don Blasy.  He might want to expand Blasy Electric. 

No one spoke either in favor of or in opposition to this petition.

4.   Public Comments (not related to agenda items)

 

      None

 

5.      Old Business

 

      None

 

6.  New Business

     Mr. Mead moved to deal with Conditional Use Permit No. 22 tonight.  Motion was seconded by Mr. Kozakiewicz.  Mr. Lynch stated he thought the curb cut could be dealt with by staff and the petitioner to resolve the issues of access to the property. 

Mr. Gaynor stated that he had some concern about this area due to the baseball stadium going in about a block away from this area.  He would like to see this area become more office service than less.  He would not like to see this area become more residential.  Mr. Kozakiewicz stated he would support approval.  The surrounding area is residential.  Mr. Rapanos also agreed.  The surrounding area is residential.   Mr. Mead stated he likes the idea of taking a house that is currently not being used and putting it to a use.  Mr. Eyre agreed.  Perhaps it will turn into office service some time in the future.  Mr. Jocks stated that putting a house in there makes a lot of sense.  Mr. Senesac also supports this conditional use permit. 

 

Motion by Mead, seconded by Kozakiewicz to approve Conditional Use Permit No. 22 along with the following contingency items.  The petitioner must obtain a building permit and the driveway can be determined as staff sees fit.

 

1.   The proposed garage is illustrated on the site plan and meets applicable setbacks.

2.   Driveway locations and the curb cut are illustrated on the site plan.

 

The vote proceeded as follows:

 

YEA:          Eyre, Jocks, Kozakiewicz, Mead, Rapanos, Senesac and Svenson

NAY:          Gaynor

ABSENT:  

 

The motion was approved 7-1.

 

  7.  Communications

 

       None

    

8.  Report of the Chairman  - None

 

    

9.  Report of the Planning Director

 

            CITY COUNCIL                                                                                                                

 

May 8th

                                PUBLIC HEARINGS

§         Petition No. 528 – Public hearing for consideration of a petition initiated by Michael Rapanos to rezone approximately 11 acres located at 4124 Waldo Avenue from Residential A-4 zoning to Residential B zoning. (approved)

                                ACTION ITEMS

§         Site Plan No. 251 – Consideration of a petition initiated by Ledy Design Group for approval of a site plan including a Bed, Bath & Beyond retail store on 1.77 acres located at 1118 Joe Mann Boulevard. (approved)

§         Petition No. 530 – Consideration of a petition initiated by John Rapanos to rezone approximately 10 acres located at 4203 East Ashman Street from Industrial zoning to Residential B zoning. (Public Hearing – June 12th)

 

May 22nd

                                PUBLIC HEARINGS

None

                                ACTION ITEMS

None

 

PLANNING COMMISSION

 

May 23rd

                                PUBLIC HEARINGS

§         Site Plan No. 253 – Consideration of a petition initiated by Three Rivers Construction, on behalf of Members First Credit Union, for approval of a site plan including building and parking additions on 2.2 acres located at 600 West Wackerly Street.

§         Zoning Text Amendment 142A – Consideration of a petition initiated by staff to include conditional rezoning in the City of Midland Zoning Ordinance.

 

                                ACTION ITEMS

§         Site Plan No. 252 – Consideration of a petition initiated by Helger Construction Company, on behalf of Feeny Chrysler, for approval of a site plan including a 13,000 square foot body and paint shop on 7.13 acres located at 7400 Eastman Avenue.

§         Conditional Use Permit No. 21 – Consideration of a petition initiated by Robert LaBelle on behalf of Verizon Wireless to approve a conditional use permit to allow construction of a 140’ tall monopole tower located east of Elisenal Drive, north of Wal-Mart.

§         Conditional Use Permit No. 22 – Consideration of a petition initiated by Tom McCann to approve a conditional use permit to allow placement of a single family home on property zoned Office Service located at 416 George Street. The petitioner has requested that the Planning Commission act on this matter on May 9th.

 

June 1st

                                Master Plan

§         Traffic Conditions

 

June 13th

                                PUBLIC HEARINGS

 

                                ACTION ITEMS

§         Site Plan No. 253 – Consideration of a petition initiated by Three Rivers Construction, on behalf of Members First Credit Union, for approval of a site plan including building and parking additions on 2.2 acres located at 600 West Wackerly Street.

§         Zoning Text Amendment 142A – Consideration of a petition initiated by staff to include conditional rezoning in the City of Midland Zoning Ordinance.

 

 

ZONING BOARD OF APPEALS

 

May 16th

 

No. 06-04 – Randy Sherman on behalf of Midland Center for the Arts (Midland County Historical Society) for area/dimension variances to permit the addition of a 32 s.f. ground sign on property located at 3417 West Main Street.

 

No. 06-05 – Robert LaBelle on behalf of Verizon Wireless for an area / dimension variance to permit a 140’ tall monopole on property located at 1100 Joe Mann Boulevard.

 

PENDING ADMINISTRATIVE SITE PLAN REVIEWS

 

None

 

DIRECTOR’S NOTES

 

May 17 & May 18 LSL conducts public topic workshops in support of the Master Plan.  These identical sessions will take place at the Midland Holiday Inn and will begin at 7:00 PM.

 

10.  Adjourn

Adjournment at 8:35 p.m. was unanimously approved.

Respectfully submitted,

 

 

 

Jon Lynch

Assistant City Manager

 

MINUTES ARE NOT FINAL UNTIL APPROVED BY THE PLANNING COMMISSION